Family members of a man killed by Highland Park police are considering dropping their wrongful-death lawsuit but have asked that it be dismissed “without prejudice,” which would allow them to retain the right to sue at a later date, according to a town memo.

David Edwin Hartman, 32, of Pottsboro was shot to death in a June incident after he was detained near a Mockingbird Lane shopping center. Police said a woman had reported that Hartman was following her on a motorcycle. He was placed in the back of a police SUV, but police said he got out of his handcuffs, pulled a gun and shot out the back window of the SUV. He died after he was shot in the back and leg.